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Elements Of Law Question Paper

Elements Of Law

Course:

Exam Year:May 2007

KENYA ACCOUNTANTS AND SECRETARIES NATIONAL EXAMINATIONS BOARD.
KENYA ACCOUNTING TECHNICIANS CERTIFICATE EXAMINATION
KENYA ADMINISTRATION AND MANAGEMENT EXAMINATION
INTERMIDIATE LEVEL
ELEMENTS OF LAW

THURSDAY:31 May 2007
Time Allowed:3 hours..
Answer any FIVE questions.ALL questions carry equal marks.

QUESTION ONE.
(a) "Law is defined as rules of conduct imposed by a state upon its members and enforced by its courts".
State and briefly explain any five sources of law in your country.(10 marks)
(b) Outline any five maxims of equity.(10 marks)
(Total :20 marks)

QUESTION TWO
(a)Identify the fundamental rights and freedoms of an individual as provided for in the constitution of your country(10 marks)
(b) Explain the circumstances under which a person would be deprived of his right to personal liberty. (10 marks)
(Total:20 marks)

QUESTION THREE
(a) Highlight the composition and jurisdiction of the industrial court of Kenya or your country. (8 marks)
(b) In exercise of its judicial role, the high court might issue orders to inferior courts or other public bodies. In view of the above statement,explain the high court orders listed below.
(i) Mandamus.(4 marks)
(ii) Habeas corpus.(4 marks)
(iii) Certiorari.(4 marks)
(Total 20 marks)

QUESTION FOUR
(a) Outline the duties which partners owe each other in a partnership busines.(10 marks)
(b) Distinguish between a private company and public company both limited by shares.(10 marks)
(Total 20 marks)

QUESTION FIVE.
(a) in relation to negotiable instruments,explain the circumstances under which the presentment of a bill of exchange for payment may be dispensed with.(10 marks)
(b) Explain the duties that a banker owes to his customer.(10 marks)
(Total 20 marks)
QUESTION SIX
(a) In relation to the law of contract,explain the meaning of the following terms
(i) An offer.(6 marks)
(ii) An acceptance..(6 marks)
(b) List the ways in which an offer would be terminated in law (8 marks)
(Total 20 marks).

QUESTION SEVEN.
(a) Identify the rules which govern limitation of actions in law.(10 marks)
(b) Three years ago, James Maina was knocked by a motor vehicle an sustained serious injuries. He has since been in a coma while undergoing treatment in hospital. Four months ago, James Maina regaine consciousness and his memory is now clear. He has issued a notice that he wishes to sue the insurance company which had insured the vehicle that had knocked him. The insurance company has written back to James Maina informing him that he was time barred under the law. James Maina is aggrieved and seeks your legal advice.
Advise him(10 marks)
(Total 20 marks)

QUESTION EIGHT
(a) State the types of contracts that must be evidenced in writin in order for the contract to be valid. (6 marks)
(b) outline the rule which govern consideration. (6 marks)
(c) Suzuki Yokohama placed an advertisement on the Tuesday Daily Light Newspaper as follows.
"Yamaha motorbike will go to the first person who accepts it on Saturday at sh.10000 cash-valid for one day only.This is serious offer".
Bargain Shah read the advertisement and immediately posted a letter of acceptance to Suzuki Yokohama. The letter arrived on saturday morning. Suzuki Yokohama read the letter and decided to ignore it. Two hours later,Bargain Shah sen a messenger with a sh 10000 cheque payaple to Suzuki Yokohama. Suzuki Yokohama declined the cheque.
Explain the legal principal applicable in this case and advise the parties. (10 marks)
(Total:20 marks)

Elements Of Law Question Paper

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